Minutes - 2015 - Planning & Zoning - 12/07/2015 - RegularTHE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
December 7, 2015
Minutes
CALL TO ORDER: Meeting called to order at 6:02 p.m.
ROLL CALL: Present: KOELLISCH, SMITH, AND WRIGHT. Absent: VILLEGAS. A
quorum is present.
CONSENT AGENDA:
♦ Consent Agenda items are considered to be routine and are acted on with one motion. There
will be no separate discussion on these items unless the Chairman, a Commissioner, member
of City Staff, or a citizen requests an item to be removed from the Consent Agenda for
discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda
in a sequence determined by the Rules of Order.
♦ Any item on the Consent Agenda that contains written recommendations from the City of
Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of November 16, 2015.
B. Findings of Fact and Conclusions of Law for CU -04 -15 — Accessory Dwelling Unit in
excess of 1,200- square feet — Green: Johnny and Kathleen Green are requesting conditional
use permit approval for a waiver to allow the construction of a 2,745- square foot (1,860 -
square foot living quarters) accessory dwelling unit (maximum size limitation per ECC is
1,200- square feet). The 2.08 -acre site is located at 2095 North Greenview Court within
Lexington on the Rim Subdivision.
C. Findings of Fact and Conclusions of Law for CPA- 04- 15/RZ- 07- 15/PP -04 -15 —
Stillwater _Subdivision _ _- Next Level Development, LLC: Next Level Development, LLC,
represented by Kevin McCarthy, is requesting a Comprehensive Plan text amendment,
rezone from BP -DA (Business Park with a development agreement) to MU -DA (Mixed Use
with a development agreement in lieu of a PUD) and preliminary plat approvals for
Stillwater Subdivision, a 94 -lot (60- residential, 12- live /work, l 1-commercial, ] -Flex, 10-
common) subdivision. The 39.7 -acre site is located on the south side of State Highway 44 at
the southwest corner of West State Street and State Highway 44.
D. Findings of Fact and Conclusions of Law for A- 04- 15/RZ -09 -15 & PP/FP -01 -15 —
Garrigan Estates Subdivision No. 2 — George and Leigh Brecht: George and Leigh
Brecht, represented by Shawn L. Nickel with SLN Planning, LLC, is requesting an
annexation, rezone from RR (Rural Residential) to RE -DA (Residential Estates with a
development agreement) and combined preliminary and final plat approvals for Garrigan
Estates Subdivision No. 2, a 4 -lot (3- buildable, 1- non - buildable) residential subdivision. The
15.9 -acre site is located on the north side of West Homer Road approximately 1,950 -feet
west of the intersection of West Homer Road and North Linder Road.
E. Findings of Fact and Conclusions of Law for CPA- 05- 15/RZ -11 -15 — East End
Marketplace — TPC Commercial, LLC: TPC Commercial, LLC, represented by Shawn
Nickel, is requesting a Comprehensive Map Amendment from Mixed Use to Commercial and
a rezone from BP (Business Park) to MU -DA (Mixed Use with a development agreement [in
lieu of a Conditional Use Permit]) and C -2 (General Business District) to develop a 48 -unit
senior apartment building and commercial area consisting of retail, financial, and restaurant
uses with drive- thrus. The 15.55 -acre site (consisting of seven parcels) is generally located
on the west side of South Edgewood Lane between State Highway 44 and East State Street
inclusive of 1601, 1782, and 1794 East McGrath Road.
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F. Findings of Fact and Conclusions of Law for CU -11 -15 — Coleman Homes_, LLC:
Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions, LLP, is
requesting conditional use permit approval for a waiver to reduce the front and rear setbacks
on Lots 29 -35, Block 11, The Preserve Subdivision No. 5. The Preserve Planned Unit
Development is generally located 650 -feet west of Linder Road and north of State Highway
44.
City Planner, Mike Williams, requests that the Stillwater findings be removed from the consent
agent for further discussion.
Smith makes a motion to recommend for approval the consent agenda minus item 3B as
requested by City Planner. Seconded by Koellisch. ALL AYES... MOTION CARRIES.
City Planner, Mike Williams, requests discussion on the Stillwater Findings. Williams states that
the findings did not include the standard conditions of approval. The updated findings include
the standard conditions of approval.
Smith makes a motion to recommend for approval for the addition of the standard
conditions of approval to item 3B and the approval of 3B. Seconded by Koellisch. ALL
AYES... MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. CU -07 -98 MOD2 — Eagle Marketplace Shopping Center — Alturus Capital: Alturas
Capital, represented by Jeff Likes with ALC Architecture, is requesting modification to the
conditional use permit for Eagle Marketplace (formerly known as Eagle Country Plaza
Shopping Center) to allow vehicular access to /from the shopping center to enter and exit the
easternmost driveway (providing access to Chinden Boulevard via a driveway) which was
required to be closed per site specific condition of approval number 18 of the original
conditional use permit. The 7.5 -acre site is located on the northeast corner of Chinden
Boulevard and Eagle Road.
City Planner, Mike Williams, is requesting the item be continue to January 4 "' per the applicant's
request.
Smith makes a motion to reconvene item 5A which is AIturas Capital's request CU -07 -98
MOD2 from December 7" to January 4 ", 2016 as requested by the applicant. Seconded by
Koellisch. ALL AYES... MOTION CARRIES.
6. NEW BUSINESS:
A. VAC -01 -15 — Vacation to the final plat of Bellaterra Subdivision No. 2 — Ninety Degree
Construction, LLC: Ninety Degree Construction, LLC, represented by Mike LaRue, is
requesting a partial vacation of a public utilities, drainage, and pressurized irrigation easement
from Lot 1I, Block 9, within Bellaterra Subdivision No. 2. The site is located on the
northwest corner of West Braveheart Street and North Livorno Place at 1725 North Livorno
Place.
Mike LaRue, Ninety Degree Construction, 12594 West Explorer, Boise, Idaho. LaRue gives a
brief overview of the application.
City Planner, Mike Williams, gives a detailed overview of the application.
General discussion amongst the Commission regarding the application.
Koellisch makes a motion to recommend for approval under New Business A. VAC -01 -15 —
Vacation to the final plat of Bellaterra Subdivision No. 2 — Ninety Degree Construction,
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LLC, I would like to make a recommendation for approval as recommended by staff.
Seconded by Smith. Discussion. ALL AYES... MOTION CARRIES.
B. VAC -02 -15 — Vacation to the final plat of Arts West Subdivision — Gardner EIC. LLC:
Gardner EIC, LLC, represented by Weston Arnell, is requesting a partial vacation of a public
utilities, drainage, and pressurized irrigation easement from Lot 5, Block 1, within Arts West
Subdivision. The site is located approximately 175 -feet east of North Fisher Park Way on
Lots 5 -7, Block 1, Arts West Subdivision at 77 North Fisher Park Way.
City Planner, Mike Williams, gives a detailed overview of the application.
Smith makes a motion to recommend for approval Item 6B. VAC -42 -15 — Vacation to the
final plat of Arts West Subdivision. Seconded by Koellisch. ALL AYES... MOTION
CARRIES.
REPORTS:
A. Commission: NONE
B. City Attorney:
Cherese McLain gives an update on the Linder Crossing mediation and the City Council
decision.
C. Staff: NONE
ADJOURNMENT:
Wright moves to adjourn. Seconded by Smith. ALL AYES... MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 6:45 p.m.
RESPECTFULLY SUBMITTED:
Liar2"0X".--
SHA ON K. BERGMANN
CITY CLERK/TREASURER
APPROVED:
TRENT WRIGHT,
CHAIRMAN
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
WWW.CITYOFEAGLE.ORG.
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EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -UP SHEET
December 7, 2015
SUBJECT: CU -07 -98 MOD2 — Eattle Marketplace Shopping Center — Alturas Capital:
ADDRESS/ TESTIFY
NAME TELEPHONE/E -MAIL YESINO? PRO/CON
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN-UP SHEET
December 7, 2015
SUBJECT: CU -07-98 MOD2 — Eagle Marketplace Shopping Center — Alturas Capital:
ADDRESS/ TESTIFY
NAME TELEPHONE/E-MAIL
&,)\?R -P- _JiM Uii
:tom L[LE\/
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YES/NO? PRO/CON